INTERCOUNTRY ADOPTION
BURKINA FASO
June 2006
The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.
receives and examines all adoption applications and identifies children to be adopted.
La Direction de la Protection de l’Enfant et de L’Adolescent
(Ministry of Social Affairs and National Solidarity, Infant and Adolescent Welfare)
Immeuble Baoghin, Secteur 10
01 BP 515, Ouagadougou 01
Burkina Faso
(226) 50 30 68 80 (Switchboard)
Fax: (226) 50 31 67 37
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Married, cohabiting couples who have been married for at least five years may adopt a child. Single applicants are almost never permitted to adopt children in Burkina Faso.
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Married prospective adoptive parents without children of their own are given priority.
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Each prospective adoptive parent must be at least 15 years older than the prospective adoptee, unless the prospective adoptee is the biological child of one of the spouses, in which case the age difference between the child and the other spouse must be at least 10 years.
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The authorities must be convinced that an adoption will not generate a material profit for anyone involved in the adoption (except service providers such as lawyers).
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE CHILDREN: In Burkina Faso, children identified for adoption are mostly from one of the following categories: orphans whose parents
are unknown or have died, children with mentally ill mothers, abandoned children, and children who were born of incestuous
or adulterous relationships. Under local law, children can be adopted at any time up to age 18. If the adoptive child is
aged 15 or above, however, he/she must give his/her personal consent before the adoption can take place. Important Note: U.S. citizens considering adopting a Burkinabe child aged 16 or older should contact the U.S. Embassy in Ouagadougou prior
to initiating the adoption process, as U.S. law requires a child to be under the age of sixteen to qualify for a U.S. immigrant
visa.
RESIDENCY REQUIREMENTS: Foreigners who have resided in Burkina Faso for at least two years are eligible to apply to adopt locally.
Generally, the child is placed in the adoptive parents’ care as soon as s/he is identified, and lives with them until the final court hearing. The court hearing is usually just a formality, as the government Social Service Agency (known as “Action Sociale”) has already vetted the parents.
Adoption cases may take longer when not properly followed up with the court. The Infant and Adolescent Welfare office suggests that adoptive parents hire a lawyer, especially when cases fall under the jurisdiction of the civil court in Ouagadougou. The Infant and Adolescent Welfare office maintains a list of local lawyers who can be consulted. In small cities, prospective adoptive parents might not need to hire a lawyer.
ADOPTION AGENCIES AND ATTORNEYS: The Ministry of Social Affairs, and specifically its Infant and Adolescent Welfare office, provides adoption services in Burkina Faso. As stated above, adoptive parents may find it helpful to hire an attorney suggested by the aforementioned office to assist them with the adoption process. The U.S. Embassy also has a list of attorneys, which is available on our website at http://ouagadougou.usembassy.gov.
ADOPTION FEES IN BURKINA FASO: The social services agency requires a $40 fee to conduct the home study. In addition, when an adoptive family is informed that a child has been identified, and if they choose not to live with the child during the legal process, they are required to pay for care for the child during this interim period. These fees typically range between $60 and $120, depending on the child’s needs. Most families opt to have the child live with them during this period. There are no other adoption fees paid directly to the government.
ADOPTION PROCEDURES: Burkinabe law does not permit prospective adoptive parents to find and select a specific child they would like to adopt. Social Service Agencies throughout Burkina Faso are authorized to conduct social and psychological studies on children to certify that they are eligible for adoption. Lists of these children are forwarded to the office of Infant and Adolescent Welfare.
Prospective adoptive parents should apply directly to the Ministry of Social Affairs, Infant and Adolescent Welfare office. They are evaluated with respect to the following factors:
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The family’s ability to financially support the child;
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The family’s way of life;
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The findings of a social and psychological report on the prospective adoptive parents;
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The family’s motivations and their attitude towards adoption;
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The age and state of health of the adoptive parents;
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The welfare of children already members of the adoptive family;
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The size of the family (applications from families with more than two children may not be given priority).
The first step after the submission of the application is the home study report completed by the office of Infant and Adolescent Welfare in Ouagadougou. The local Social Service Agency of the adoptive parents’ place of residence is also involved in the report. When the report is concluded, the Infant and Adolescent Welfare office selects a child appropriate for the family and then writes to the prospective adoptive parents to inform them that a child has been identified. In most cases, prospective adoptive children are medically examined by the institution which cares for them while they are awaiting adoption. Information on any special needs or any diseases are disclosed to the prospective adoptive parents when they are notified of the selection. After receiving information about the child, the adoptive parents must write back to confirm that they still want to go ahead with the adoption and that they agree on the choice of the child, or, alternatively, that they do not agree with the choice of the child. After rejecting a proposed child, prospective adoptive parents are theoretically put on a waiting list for another child, but their case is no longer treated as a priority.
After the parents have confirmed that they wish to go ahead with the adoption, the child is placed with the adoptive parents’ care. The Office of Infant and Adolescent Welfare then directs the adoptive parents to a notary’s office (“notaries” in Burkina Faso perform many of the functions of lawyers) in order to draw up and sign an adoption contract. This document serves as the legal basis for the parents’ temporary custody of the child. All parties involved in this contract—the prospective adoptive parents, the orphanage (if applicable), the legal guardian of the child (if applicable) or the birth parent (if applicable)—have a three-month window during which the grant of custody can be annulled by the notary if a party so requests. The requesting party need not give particular reasons for the annulment. After three months, the contract can no longer be annulled. The Infant and Adolescent Welfare office will automatically forward the adoption file to court, which schedules a hearing to finalize the adoption through the issuance of an adoption decree. The speed with which the hearing is scheduled depends on how full the court’s docket is, and a lawyer may be useful in prodding the court to schedule the case as soon as possible.
Next, all the parties who signed the contract and, if applicable, a Social Service representative are interviewed and heard in judges’ chambers. Where one biological parent is still alive or when there is a legal representative of the child, he/she must reaffirm his/her consent to the adoption. When the judge issues the adoption decree after this hearing, the adoptive parents or their legal representatives send a copy to the Ministry of Social Affairs. It is used to create two further vital documents: the “Certificat de Conformité” (which states that normal adoption procedures have been respected) and an authorization for the child to leave the country with the adoptive parents. A lawyer can help at this stage by verifying that that the child is properly documented to travel. In the absence of a lawyer, the adoptive parents are directed by the Office of Infant and Adolescent Welfare to the offices that issue birth certificates and passports. In Burkina Faso, birth certificates are issued by the local mayor’s office (the “Mairie”). Passports are issued by the Ministry of Security’s “Division du Contrôle des Migrations” upon presentation of the child’s birth certificate with name changes and the adoption decree. The passport costs about $50.
DOCUMENTS REQUIRED FOR ADOPTION IN BURKINA FASO:
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A marriage certificate for the couple;
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A copy of the family book (official record of spouse, children) when/if available;
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A residence permit/certificate;
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Proof of income;
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Medical documents certifying that both prospective adoptive parents are physically and psychologically healthy;
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Police certificates for both prospective parents;
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Copies of the first two pages of both prospective parents’ passports;
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Two motivation letters stamped with 200 fcfa revenue stamps (available at the local mayor’s office), one addressed to the Chief Judge of the court in Ouagadougou and the other to the Ministry of Social Affairs, explaining in detail the motivation for adopting, and specifying the profile of the child they would like to adopt.
Embassy of Burkina Faso
2340 Massachusetts Avenue, N.W.
Washington, D.C. 20008
Telephone: (202) 332-5577/6895
Fax: (202) 667-1882
Email: ambawdc@verizon.net
U.S. IMMIGRATION REQUIREMENTS
Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative. Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.
APPLYING FOR A VISA FOR AN ADOPTED CHILD AT THE U.S. EMBASSY IN BURKINA FASO:
Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) or approval of an Application for Advance Processing of Orphan Petition (Form I-600A) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) before they can apply for an immigrant visa on behalf of an orphan. Form I-600A allows the most time-consuming part of the process—pertaining to the parents’ fitness to adopt—to be completed in advance, even before the parents have identified a child to adopt. Form I-600A for prospective adoptive parents resident in Burkina Faso must be filed with the USCIS office in Accra, Ghana. Fingerprints and the payment of fees for the I-600A, however, are still completed at the Embassy in Ouagadougou. Prospective adoptive parents should therefore contact the Embassy when they are ready to file the I-600A.
Because it may take several months for either form I-600A or I-600 to be approved, and because form I-600 cannot be filed until all Burkinabe adoption documentation be finalized, the Embassy recommends that prospective adoptive parents file the I-600A first and, while waiting for approval by USCIS, finalize the adoption in Burkina Faso.
When U.S. Embassy Ouagadougou receives notice from USCIS of an approved petition I-600A, it will contact the adoptive parents and ask them to come to the Embassy to proceed with the visa application. The parents will be given the required forms and further instructions regarding fees and medical exams for the adoptive child as well as instructions regarding the filing of the I-600 petition itself.
If, as recommended above, the prospective adoptive parents file the I-600A with USCIS in Accra while finalizing the adoption, the I-600 will be filed directly with U.S. Embassy Ouagadougou. At the time of such filing, the following documentation will need to be presented to the Consular Officer:
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The child’s original birth certificate showing the child’s new name and the adoptive parents’ names.
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A full and final adoption decree from a competent court in Burkina Faso.
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Proof of “orphan” status consistent with U.S. law (see the following Immigration and Nationality Act section linked here: INA 101(b)(1)(F)), which may as appropriate include: death certificates of the orphan’s parent(s), proof that the orphan’s sole or surviving parent cannot give the orphan proper care and has, in writing, forever or irrevocably released the orphan for emigration and adoption, or proof that the orphan has been unconditionally abandoned to an orphanage.
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Proof that adopting parents have seen the child prior to or during adoption proceedings.
At least one parent must be present to file the I-600 in person at U.S. Embassy Ouagadougou.
When all the forms are completed and the medical exam of the child by the Embassy’s panel physician is finished, parents are
advised to call to set a date for the interview.
At the time of the immigrant visa interview, the parents’ file must contain all of the following:
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The USCIS-approved form I-600A (with proof of citizenship, marriage, fingerprint check, home study and proof of compliance with state pre-adoption requirements).
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The approved form I-600 (either by USCIS or, if the I-600A was filed beforehand, by the U.S. Embassy in Ouagadougou);
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A full and final adoption decree from a competent court in Burkina Faso;
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The child’s original birth certificate showing the child’s new name and the adoptive parents’ names;
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Evidence the child is an orphan (as noted above; Form I-604, certifying that the child is an orphan according to U.S. law, will be completed by the Consular Officer).
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Medical exam results from panel physician;
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Proof that application fees have been paid;
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A Valid Burkina Faso passport for the child in the child's adopted name.
When the Consular Officer is satisfied with the file, the visa is issued the same day. Parents might be asked to come back
the next day to pick up the visa and a package of documents which must be submitted to U.S. immigration authorities at a
U.S. port of entry.
Additional information on processing immigrant visas at the U.S. Embassy in Ouagadougou is available at http://ouagadougou.usembassy.gov/. Prospective adoptive parents are encouraged to e-mail any questions they may have regarding this process to consularouaga@state.gov.
U.S. EMBASSY IN BURKINA FASO:
Avenue John F. Kennedy
Secteur 6, Koulouba
01 BP 35, Ouagadougou 01
Telephone: (226) 50-30-67-23
Fax: (226) 50-30-77-75
Email: consularouaga@state.gov
ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.
ADDITIONAL INFORMATION: Specific questions about adoption in [this country] may be addressed to the U.S. Embassy in [this country]. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.
Useful information is also available from several other sources:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.
